Stewart v. Munger & Bennett, Inc.
Supreme Court of North Carolina
Civil actioN, beard by Stacy, J., on a motion for an injunction, at chambers, 15 June, 1917, from CeaveN. Plaintiff brought this suit to foreclose a mortgage executed 1 May, 1906, by Maxwell Brothers Lumber Company, on land, timber trees, and other property therein described, to M. D. Lane, for the purpose of securing the payment of sixteen notes, two for $2,537.50 and $1,250, respectively, and each of the other fourteen notes for $2,500, some of them due 1 July, 1907;…
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Civil actioN, beard by Stacy, J., on a motion for an injunction, at chambers, 15 June, 1917, from CeaveN. Plaintiff brought this suit to foreclose a mortgage executed 1 May, 1906, by Maxwell Brothers Lumber Company, on land, timber trees, and other property therein described, to M. D. Lane, for the purpose of securing the payment of sixteen notes, two for $2,537.50 and $1,250, respectively, and each of the other fourteen notes for $2,500, some of them due 1 July, 1907; others, 1 October, 1907, and the remaining ones at different dates thereafter; the whole amount thus secured being…
1Opinion of the Court
Walker, J.,
after stating the case: It has been fairly well settled that a court of equity will not enjoin an ordinary trespass, such as entering upon land and working turpentine trees, or cutting wood and making staves thereon, unless irreparable injury is threatened — that is, one for which there can be no sufficient recompense in money. It is therefore held that in such cases an averment of the defendant’s insolvency is necessary, for if he is not insolvent and the plaintiff can recover an equivalent in money for the loss sustained by the trespass, the damage cannot in any proper sense be…
2Cases cited14 opinions
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Gause v. . PerkinsSupreme Court of North Carolina · 1857
- Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
- Drake v. HowellSupreme Court of North Carolina · 1903
- Rothschild v. Bay City Lumber Co.Supreme Court of Alabama · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lance v. CogdillSupreme Court of North Carolina · 1953
- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
- Federal Land Bank of Columbia v. JonesSupreme Court of North Carolina · 1937
- Huskins v. Yancey Hospital, Inc.Supreme Court of North Carolina · 1953
- Lawhon v. . McArthurSupreme Court of North Carolina · 1938
2 more not listed; retrieve them via the Exa API.